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Spytalk · Jun 20, 2006, 05:31 AM

Hello, I am managing only one property in Oklahoma County, Oklahoma for a friend of the family and today one of the tenants told me over the phone the lease is not valid because I am not a real estate professional. (1) Is this tenant's statement invalid and (2) can I have the tenants evicted for (3) a hostile tone directed at me over the phone regarding sewer repair and/or (4) evicted for making such the verbal statement that the lease is not valid. Thanks.

excon · Jun 20, 2006, 06:13 AM

Hello:

>>>Is this tenant's statement invalid<<< The statement is not true.

>>>can I have the tenants evicted for a hostile tone directed at me over the phone regarding sewer repair<<< NO!!

>>>evicted for making such the verbal statement that the lease is not valid<<< NO!!

READ your states landlord/tenant law. It's not written in legalese. It's easy to understand, and most importantly, it WILL answer your questions.

excon

ScottGem · Jun 20, 2006, 06:20 AM

I'm curious as to WHY this tenant has made these statements? A lease is a contract between two people; the owner/manager of the property and the tenant. BOTH parties sign and agree to the provisions of the lease. The only thing that would make a lease invalid is if it contained clauses that violated existing laws.

The only reasons a tenant can be evicted is for violating the terms of the lease. I very much doubt if the lease says anything about the teanant being rude, hostile or abusive to you.

RickJ · Jun 20, 2006, 06:57 AM

You do not have to be an agent to execute a Lease.

No you cannot evict him for being rude.

If he is an undesirable tenant and on month to month, you can simply not renew the lease and give him a notice of non-renewal. If he ignores it, you file eviction.

OK's Landlord-Tenant laws are not online for reading from start to finish, but they do have a search tool for them:
http://oklegal.onenet.net/statutes.basic.html

Fr_Chuck · Jun 20, 2006, 08:03 AM

I only wish you could evict someone over being rude or even down right hostile.

But yes the lease is valid, it is merely a contract between two parties, one does not have to be a "profefssional" or hold any specific licence to rent, lease property.

As a mangager or agent for the owner, you are representing the owner, but is also a problem because often you don't have the authority to fix things unless the owner says to fix them.

Now you also have requirements to keep the house fixed to certain levels''

If you have sewer issues they will need to be addressed, ( you did not mention what issues where going on)

You merely need to tell the tenant to shut up and abide by the lease.
And let them know you will hang up on them anytime they use bad or rude words when talking to you.

Fr_Chuck · Jun 20, 2006, 08:06 AM

Of course if you want them out, find a reason to evict them with the terms of the lease, are they late paying, do you charge them late fees, are they keeping the house in "order" or neat ( whatever clause like that is in your lease to be sure they keep the property looking nice)

And if they are saying the lease is not valid, perhaps they are wanting to move, you are permitted to allow them to break the lease without penalty if you want to. I have people from time to time wanting to buy a house, or wanting to move for a job, and I let them out of the lease without penalty ( just call me a soft)